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HomeMy Public PortalAboutSupporting DocsCOMMISSIONERS WILLIAM E KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH May 31, 2002 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Attorney John Randolph Jones, Foster, Johnston & Stubbs, P.A. P. o. Box 3475 West Palm Beach, Florida 33402-3475 Dear Counselor: Tdiphone (561)276-5116 Fax (561) 737-0166 Town Manager WILLIAM H. THRASHER Torm Clerk RITA I_ TAYLOR We have your letter regarding your File No. 13147.1, the Leve- --3 Architectural/Site Plan Review with Variance for the Gulf Stream School. I spoke to Bill Thrasher regarding whether or not the Agreement needs to be amended. We both agree with you another amendment is not necessary as a result of this hearing. Thanks for you help as usual. Very truly yours, P�A Rita L. Taylor Town Clerk Developer's that last JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561-650-0458 Direct Fax: 561-650-0435 E -Mail: jrandolph@jones-foster.com May 23, 2002 Ms. Rita Taylor Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream Florida 33483 Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone(561)659-3000 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 Facsimile (561) 832-1454 VIA FAX: 737-0188 Re: Town of Gulf Stream Gulf Stream School Approved Application for Level 3 Architectural/Site Plan Review with Variance Our File No. 13147.1 Dear Rita: Although the above referenced application was approved by the Commission subject to certain conditions, one of which is that the Developer's Agreement be amended to reflect the application if approved, I am wondering whether the Developer's Agreement really needs an amendment. I am not sure that there is anything in the approval that is inconsistent with what is contained within the Developer's Agreement. If, after review, you and Bill feel that there is a specific need to amend the Developer's Agreement, please advise as to what those amendments would be and I would be happy to incorporate them within an amendment. Sincerely, JONES,FO ER, JOHNSTON n C. Randolph JCR/ssm & STUBBS, P.A. IVO rk : Tti i s' Wo t -Y W as . NepeI- /0 tv /odv AGREEMENT THIS AGREEMENT made this 25th day of April, 1997 by and between the Town of Gulf Stream, a Florida municipal corporation, 100 Sea Road, Gulf Stream, Florida 33483, hereinafter ("TOWN'), and Gulf Stream School, Inc.,, a Florida corporation not for profit, 3600 Gulf Stream Road, Gulf Stream, FL 33483, hereinafter ("GSS"). WITNESSETH: WHEREAS, GSS is the owner of a parcel of land located at the street address of 3600 Gulf Stream Road, Gulf Stream, Florida 33483, known as Gulf Stream School; and WHEREAS, GSS is desirous of constructing 8" D.I.P. Water Main across State Road A -1-A; and WHEREAS, GSS has applied for Florida Department of Transportiation Utility Permit for a Jack and Bore and Subsequent construction of the new 8" D.I.P. Water Main across State Road A -1-A hereinafter referred collectively as "The Improvements"; and WHEREAS, the Florida Department of Transportation requires the Town to be the "permitee";and WHEREAS, Town has agreed to execute the permit application; and WHEREAS, The Improvements will be dedicated to the TOWN after completion of the construction; and NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the TOWN and GSS agree as follows: 1. The premises to this Agreement are true and correct, and are hereby incorporated into the body of this Agreement. 2. GSS will receive all permits necessary to install and construct The Improvements. 3. In recognition of the policy of the TOWN to require indemnification by the party doing the construction work GSS hereby agrees to indemnify, save, defend, and hold harmless the TOWN for any and all damage that may arise from construction pursuant to the State of Florida Department of Transportation Utility Permit for a Jack and Bore and/or subsequent construction of the new 8" D.I.P Water Main across State Road A -1-A. 4. Upon completion of the construction GSS pursuant to the above referenced permits, GSS will dedicate to the TOWN The Improvements. Notwithstanding anything to the contrary contained herein, upon the dedication to the TOWN of the pipe by GSS this indemnification will be null and void and of no further force and effect. 5. This Agreement shall be governed by the laws of the State of Florida, and the venue for any litigation which may arise from this Agreement shall be in the Fifteenth Judicial Circuit, Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement between the TOWN and GSS. This Agreement shall not be amended or changed, except by a written instrument signed by both parties hereto. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year written hereinabove. Town of Gulf Stream, a Florida municipal corpo tion By- illiara J. -Koch, Jr., Mayor ATTEST: Rita L Taylor Town Clerk Gulf Stream School, Inc., a Florida corporation not for profit By: _ ames Orthwein, its President APPROVED AS TO FORM AND LEGAL SUFFICIENCY John Randolph, Town Attorney COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS JOAN K ORTHWEIN Robert W. Hopkins II STATE OF FLORIDA ) COUNTY OF PALM BEACH) TOWN OF GULF STREAM ) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA u • I144 Telephone (407) 276-5116 Fax (407) 737-0186 Town Manager E SCOTT HARRINGTON Town Clerk RITA L TAYLOR BEFORE ME THIS DAY PERSONALLY APPEARED WILLIAM F. KOCH, JR., WHO BEING DULY SWORN, DEPOSES AND SAYS: THAT THE PERSON(S) OR COMPANY OR FIRM LISTED BELOW HAVE THE CONSENT OF THE TOWN OF GULF STREAM TO REPRESENT THE TOWN AS IT'S AGENT FOR THE PURPOSE OF OBTAINING ALL NECESSARY PERMITS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A JACK AND BORE PROJECT AND SUBSEQUENT INSTALLATION OF AN EIGHT (8) INCH DIP WATER MAIN UNDER STATE ROAD AlA AS NECESSARY TO PROVIDE WATER SERVICE TO THE GULF STREAM SCHOOL THAT IS LOCATED AT 3600 GULF STREAM ROAD IN GULF STREAM, FLORIDA. PERSON(S) NAME: Ruhl COMPANY OR FIRM NAME: Gator Engineering Services, Inc. AGENT'S ADDRESS: 200 Knuth Road ton Beach, Florida AGENT'S PHONE: 561-736-7047 FURTHER AFFIANT SAYETH NOT. SWORN TO AND SUBSCRIBED BEFORE ME THIS MY COMMISSION W".1 L. i } I �Y� L iIl`iaM FI. Koch,'Jr., Mayor 25th DAY OF April 1997. FLORIDA 33483 to L. Taylor Regular Meeting & Public Hearing Town Commission -November 14, 1997 page 2 r All of these dates were confirmed by the Commissioners after being announced by Mayor Koch. r VII. Reports, A. Town Manager ,/With regard to the completion of improvements to the Gulf Stream School, Town Manager Garrison advised that her analysis indicates that the intent and general conditions of the Developer's Agreement have been met insofar as the required site improvements have been completed, including landscaping, drainage, traffic control strategies, and allowances for significantly more parking. She further advised that in the course of dealing with building code requirements and site constraints during construction, a few adjustments have been made to the site improvement and landscaping plans for the project as outlined in her memorandum in the meeting package. For example: 1) The handicapped entrance ramp associated with the auditorium/stage area has been modified to comply with building code requirements. 2) The new 6" water line that was planned was deleted due to the Delray Fire Department determining that increased water flow was not required for fire suppression purposes. Detail of these modifications is a part of the project file. Town Manager Garrison explained that the handicapped ramp is not yet completed. A Completion Agreement is on file making the issuance of a C.O. contingent upon the completion of the handicapped ramp. Commissioner Lynch moved and Commissioner Orthwein seconded to confirm that the terms of the developer's agreement have been met, with the modifications presented, as they pertain to construction of the field house and auditorium renovations. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. James Orthwein, President of the Gulf Stream School Foundation, questioned if this approval included the alterations to the handicapped ramp and the enlargement of the dumpster area that are yet to be completed. Town Manager Garrison advised that the completion of these items will be handled administratively. 1. Yake Property -Delray Commission Hearing on 11-18-97 The Town Manager reported that on November 4, 1997, the Delray Beach City Commission passed on first reading an ordinance rezoning the Yake Property from Low Density Residential (3-6 units per acre) to Medium Density Residential (RM)(6-12 units per acre) with a 3-2 vote. She further reported that subsequent to the October Commission meeting, the applicant offered a density cap("suffix") of 8 units per acre and that the application has formally been amended to include this limitation.